Jerry S. Payne - Page 28




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          existence of which is in doubt in light of 2618's lease of its              
          furniture, furnishings, fixtures and all leasehold improvements             
          from petitioner).  So-called “other assets”, described on a                 
          schedule attached to the return as “FIT deposits” ($3,866) and              
          “Bond Sales Tax” ($675), appear to be prepayments of anticipated            
          liabilities that one would expect to continue for the benefit of            
          JKP.  Even if all or a portion of the $21,352 in cash listed on             
          the 1989 return balance sheet remained in November 1990, it is              
          more likely to have gone to JKP in order to satisfy its current             
          operating needs (the 1989 return balance sheet listed $17,490 in            
          accounts payable and $10,633 in other short-term obligations)               
          than to petitioner.                                                         
               We find that respondent’s speculation that the assets listed           
          on the 1989 return balance sheet remained in existence and were             
          distributed to petitioner some 10 months later is implausible,              
          and we find, based upon the evidence before us (including                   
          petitioner’s uncontradicted testimony), that petitioner received            
          none of the assets listed on the 1989 return balance sheet in               
          connection with the November 1990 transfer of the club from 2618            
          to JKP.  Therefore, we reject respondent’s argument that                    
          petitioner was in receipt of a distribution taxable under section           
          356(a)(1)(B) and (2).                                                       










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